3 & 4 W. 4. c. 30. Places ex clusively appropriated to Public Religious Worship in CA P. LXII. An Act to provide for the Exemption of Churches and Chapels in Scotland 1. No Person shall be rated or be liable to be rated for or to pay any Poor Rates for or in respect of any Church, Chapel, Meeting House, or Premises in Scotland exclusively appropriated to Public Religious Worship; and no Person shall be liable to any such Rates because such Church, Chapel, Meeting House, or other Premises, or any Room belonging thereto, or any Part thereof, may be used for Sunday or Infant Schools, or for the charitable Education of the Poor. CA P. LXIII. An Act to remove Doubts as to the Validity of Colonial Laws. [29th June 1865.] WHEREAS Doubts have been entertained respecting the Validity of divers Laws enacted or purporting to have been enacted by the Legislatures of certain of Her Majesty's Colonies, and respecting the Powers of such Legislatures, and it is expedient that such Doubts should be removed: ' Be it hereby enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. The Term "Colony" shall in this Act include all of Her Majesty's Possessions abroad in which there shall exist a Legislature, as herein-after defined, except the Channel Islands, the Isle of Man, and such Territories as may for the Time being be vested in Her Majesty under or by virtue of any Act of Parliament for the Government of India: The Terms "Legislature" and "Colonial Legislature " shall severally signify the Authority, other than the Imperial Parliament or Her Majesty in Council, competent to make Laws for any Colony: The Term "Representative Legislature" shall signify any Colonial Legislature which shall comprise a Legislative Body of which One Half are elected by Inhabitants of the Colony : The Term "Colonial Law" shall include Laws made for any Colony either by such. Legislature as aforesaid or by Her Majesty in Council: An An Act of Parliament, or any Provision thereof, shall, in construing this Act, be said Act of Parto extend to any Colony when it is made applicable to such Colony by the express Words liament, &c. to or necessary Intendment of any Act of Parliament: extend to Colony when The Term "Governor" shall mean the Officer lawfully administering the Government made appliof any Colony : The Term "Letters Patent" shall mean Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland. cable to such 2. Any Colonial Law which is or shall be in any respect repugnant to the Provisions Colonial Law of any Act of Parliament extending to the Colony to which such Law may relate, or when void for repugnant to any Order or Regulation made under Authority of such Act of Parliament, Repugnancy. or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order, or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative. 3. No Colonial Law shall be or be deemed to have been void or inoperative on the Colonial Law when not void Ground of Repugnancy to the Law of England, unless the same shall be repugnant to the for RepugProvisions of some such Act of Parliament, Order, or Regulation as aforesaid. nancy. 4. No Colonial Law, passed with the Concurrence of or assented to by the Governor of Colonial Law any Colony, or to be hereafter so passed or assented to, shall be or be deemed to have been not void for Inconsistency void or inoperative by reason only of any Instructions with reference to such Law or the with InSubject thereof which may have been given to such Governor by or on behalf of Her structions. Majesty, by any Instrument other than the Letters Patent or Instrument authorizing such Governor to concur in passing or to assent to Laws for the Peace, Order, and good Government of such Colony, even though such Instructions may be referred to in such Letters Patent or last-mentioned Instrument. 5. Every Colonial Legislature shall have, and be deemed at all Times to have had, full Colonial LegisPower within its Jurisdiction to establish Courts of Judicature, and to abolish and lature may establish, &c. reconstitute the same, and to alter the Constitution thereof, and to make Provision for the Courts of Law. Administration of Justice therein; and every Representative Legislature shall, in respect Representative to the Colony under its Jurisdiction, have, and be deemed at all Times to have had, full Legislature Power to make Laws respecting the Constitution, Powers, and Procedure of such Legis- Constitution. lature; provided that such Laws shall have been passed in such Manner and Form as may from Time to Time be required by any Act of Parliament, Letters Patent, Order in Council, or Colonial Law for the Time being in force in the said Colony. may alter passed. 6. The Certificate of the Clerk or other proper Officer of a Legislative Body in any Certified Colony to the Effect that the Document to which it is attached is a true Copy of any Copies of Laws Colonial Law assented to by the Governor of such Colony, or of any Bill reserved for the that they are Signification of Her Majesty's Pleasure by the said Governor, shall be primâ facie Evidence properly that the Document so certified is a true Copy of such Law or Bill, and, as the Case may be, that such Law has been duly and properly passed and assented to, or that such Bill has been duly and properly passed and presented to the Governor; and any Proclamation Proclamation purporting to be published by Authority of the Governor in any Newspaper in the Colony of Assent and to which such Law or Bill shall relate, and signifying Her Majesty's Disallowance of any Disallowance. such Colonial Law, or Her Majesty's Assent to any such reserved Bill as aforesaid, shall be prima facie Evidence of such Disallowance or Assent. 'And whereas Doubts are entertained respecting the Validity of certain Acts enacted or reputed to be enacted by the Legislature of South Australia:' Be it further enacted as follows: to be Evidence 7. All Laws or reputed Laws enacted or purporting to have been enacted by the said Certain Acts Legislature, or by Persons or Bodies of Persons for the Time being acting as such Legis- Legislature enacted by lature, which have received the Assent of Her Majesty in Council, or which have received of South the Assent of the Governor of the said Colony in the Name and on behalf of Her Majesty, Australia to shall be and be deemed to have been valid and effectual from the Date of such Assent for all Pp 2 Purposes be valid. Purposes whatever; provided that nothing herein contained shall be deemed to give Effect to any Law or reputed Law which has been disallowed by Her Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful Disallowance or Repeal of any Law. CA P. LXIV. Colonial Laws establishing Validity of Marriages to have Effect throughout Her Majesty's Dominions, but only where Parties are competent to contract Marriage. Definition of An Act to remove Doubts respecting the Validity of certain Marriages con- 1. Every Law made or to be made by the Legislature of any such Possession as aforesaid for the Purpose of establishing the Validity of any Marriage or Marriages contracted in such Possession shall have and be deemed to have had from the Date of the making of such Law the same Force and Effect for the Purpose aforesaid within all Parts of Her Majesty's Dominions as such Law may have had or may hereafter have within the Possession for which the same was made: Provided that nothing in this Law contained shall give any Effect or Validity to any Marriage unless at the Time of such Marriage both of the Parties thereto were, according to the Law of England, competent to contract the same. 2. In this Act the Word "Legislature" shall include any Authority competent to make "Legislature." Laws for any of Her Majesty's Possessions abroad, except the Parliament of the United Kingdom and Her Majesty in Council. CA P. LXV. 23 & 24 Vict. c. 112. Interpretation of Words "Barns, An Act to explain "The Defence Act, 1860." [29th June 1865.] WHEREAS it is expedient to explain "The Defence Act, 1860" Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. The Words" Barns, Hovels, and other like Structures of Wood" in the Thirty-fourth Section of the said Act shall be construed to mean only such Barns and Hovels as are constructed altogether of Wood, and are used for the Shelter of Cattle or Sheep, or for the in Sect. 34. of Storage of agricultural Produce, or for some other like agricultural Purpose. 2. This Act may be read and construed as Part of the said recited Act. Hovels," &c. recited Act. Act and recited Act to be construed together. CA P. LXVI. An Act to allow the charging of the Excise Duty on Malt according to the BE E it enacted by the Queen's most Excellent Majesty, by and with the Advice and 1. This Act shall (except where otherwise expressly enacted) commence and take effect Commenceon the First Day of September One thousand eight hundred and sixty-five. ment of Act. 2. Any Maltster who shall desire to have the Duty payable upon Malt made by him Maltster encharged according to the Weight of the Corn or Grain used in the making of such Malt titled to have under the Provisions of this Act shall give Notice in Writing of such his Desire to the Malt made by the Duty upon Officer of Excise under whose Survey he shall be, and upon his complying with the Provi- him charged sions of this Act in other respects he shall be entitled to have the Duty charged accordingly according to the Weight of in respect of any Corn or Grain which he shall wet or steep at any Time and from Time to the Grain used. Time after the Expiration of Four clear Days from the giving of such Notice: Provided always, that if the Maltster who shall have given such Notice shall not begin to make, or shall discontinue making, Malt to be charged with Duty under the Provisions of this Act for the Space of One Calendar Month, the Notice given by him shall be of no further Avail, and he shall not be entitled to the Privilege of having the Duty on Malt made by him charged under the Provisions of this Act until after he shall have given a fresh Notice in the Manner herein-before required. Cistern. 3. Every Maltster who shall have given such Notice as aforesaid shall, before he shall place Cover to be any Corn or Grain in any Cistern for the Purpose of being made into Malt to be charged affixed to with Duty under the Provisions of this Act, provide and affix to such Cistern a proper and secure Cover, with proper Fastenings, to the Satisfaction of the Supervisor of Excise, or any other Officer of Excise of superior Rank to a Supervisor; and such Cover shall, when there shall be any Corn or Grain in such Cistern, be kept locked and secured by the Officers of Excise during such Period of Time as the Commissioners of Inland Revenue shall by their Regulation or Order direct in that Behalf; and no Maltster shall, after such Cover shall have been locked and secured as aforesaid, open, remove, or damage such Cover, or obtain Access to the Corn or Grain in such Cistern. 4. The Maltster shall give Forty-eight Hours Notice in Writing to the Officer of Excise under whose Survey he shall be of the Day and Hour when he intends to steep Corn or Grain to be made into Malt under the Provisions of this Act; and in such Notice the Maltster shall specify the Day and the particular Hour when he intends to place the Corn or Grain in the Cistern (which Hour shall not be later than Twelve o'Clock at Noon of the Day preceding the Day on which it is intended to steep such Corn or Grain); and if any Notice shall be given contrary hereto, or if the whole of the Corn or Grain shall not be steeped within Three Hours, or placed in the Cistern within One Hour, after the respective Times mentioned in any Notice in that Behalf, such Notice shall be null and void. Notice to be given of the steeping of Grain. 5. The Maltster, or his chief Workman or Servant, shall, immediately after the Corn or Declaration to Grain shall have been placed in the Cistern for the Purpose of being made into Malt under be given of the the Provisions of this Act, fill up and sign a Declaration in Writing, stating the true Grain to be Weight of Weight per Bushel of the Corn or Grain so intended to be made into Malt as aforesaid; and steeped. such Declaration shall be delivered by the said Maltster, or his chief Workman or Servant, to the Officer of Excise on his First Visit after the Corn or Grain shall have been placed in the Cistern as aforesaid; and no other or different Corn or Grain shall be substituted for the Corn or Grain, or any Part thereof, which shall have been placed in any Cistern for the Purpose of being made into Malt under the Provisions of this Act after the same shall have been taken Account of by any Officer of Excise. 6. After any Corn or Grain shall have been placed in the Cistern the Weight thereof Mode of shall be ascertained by any Officer of Excise, who shall take a Sample or Samples of such ascertaining Weight of Corn Grain. Mode of cal on Malt when charged according to Weight. Corn or Grain before any Water shall be added thereto; and the Weight of a Bushel of the Corn or Grain so taken as a Sample or Samples as aforesaid, after the same shall have been screened and cleaned (if the Officer shall think fit to require such screening and cleaning), shall be deemed to be the Weight per Bushel of the whole of the Corn or Grain in the Cistern: Provided that if in the Weight of the Sample Bushel there shall be a Fraction of a Pound amounting to One Half or upwards, such Fraction shall be reckoned as an entire Pound, but no Account shall be taken of any Fraction less than Half a Pound. 7. For the Purpose of calculating and charging the Duty upon Malt made under the culating Duty Provisions of this Act, a measured Bushel of dry Corn or Grain of the Weight of Fiftythree Pounds Avoirdupois shall, for the Purposes of this Act, be deemed to be the standard Weight on which the Amount of Duty payable upon a Bushel of Malt shall be chargeable; and in order to ascertain the Number of Bushels of Malt to be charged on any steeping of Corn or Grain to be made into Malt, the Quantity shall first be calculated by Gauge according to the existing Laws and Regulations in that Behalf, and such Quantity shall then be multiplied by the Number of Pounds which the Sample Bushel taken from such Corn or Grain in the Manner directed by this Act shall be found to weigh, and the Product be divided by Fifty-three, and the Quotient of such Division shall be the Quantity upon which the Duty shall be charged: Provided that if no Sample Bushel of the Corn or Grain shall have been taken as herein-before directed, then the Quanty of Malt, when calculated by Gauge as aforesaid, shall be multiplied by the Weight of a Bushel of the Corn or Grain as declared by the Maltster, his Workman or Servant, and the Product be divided as aforesaid. Maltster to provide Scales and Weights and Bushel Measure. Officer may weigh any Grain in the 8. The Maltster shall provide and keep proper and correct Scales and Weights, and a correct Bushel Measure, to the Satisfaction of the Supervisor of Excise of the District in which the Malthouse is situated for the Purpose of weighing and measuring Corn and Grain to be made into Malt under the Provisions of this Act; and such Scales and Weights and Measure shall at all Times be kept in the Malthouse, and such Maltster and his Servants shall allow any Officer of Excise to use the same, and shall also, upon Request, render to any such Officer who shall be desirous of weighing or measuring such Corn or Grain, or any Part thereof, such Assistance as the said Officer shall require. 9. It shall be lawful for any Supervisor of Excise, or any other Officer of Excise of superior Rank to a Supervisor, to measure and weigh any Corn or Grain in the Malthouse of Maltster who shall make Malt under the Provisions of this Act, and for that any Purpose to use the Weights and Scales and Bushel Measure belonging to such Maltster ; and the Maltster and his Workmen or Servants shall, when requested by any such Supervisions of this visor or other Officer as aforesaid, render to them respectively such Assistance as they may require in measuring and weighing such Corn or Grain. Malthouse of a Maltster making Malt under the Pro Act. Penalty where the Weight of Grain shall exceed declared Weight. Grain making into Malt may be sprinkled at the Expiration of Ninety Hours after 10. If after any Corn or Grain shall have been placed in the Cistern for the Purpose of being made into Malt under the Provisions of this Act, and before the wetting thereof the Weight of a Bushel of such Corn or Grain (screened and cleaned as aforesaid, if the Officer shall require it) shall be found by any Officer of Excise to be in excess of the Weight declared by the Maltster or his chief Workman or Servant by such Declaration as aforesaid in a greater Proportion than Two Pounds Avoirdupois per Bushel, the Maltster shall forfeit the Sum of One hundred Pounds. 11. That it shall be lawful for any Maltster to water or sprinkle any Corn or Grain making into Malt at the Expiration of Ninety Hours after the same shall have been taken out of the Cistern, provided such Corn or Grain shall have been kept covered with Water in the Cistern for the full Space of Fifty Hours from the Time of such Corn or Grain being first wetted or steeped, and the Maltster shall have given to the Officer of being emptied Excise Twenty-four Hours previous Notice in Writing of his Intention to water or sprinkle such Corn or Grain as aforesaid, anything in any former Act contained to the contrary notwithstanding. from Cistern. |